17th January 2024 | Emma Peacock | Global Mobility, Employment, Immigration
Having been referred by a previous client, Emma P assisted a PHD Doctor from Germany who, after applying for a Global Talent Visa (GTV) to continue his PHD research in the UK at the Cancer Research UK Convergence Science Centre, established that as a result of a complicated set of funding dates, contracts renewals, fixed term contract extensions and visa renewal dates, that he had been an overstayer for 2 months in 2022, taking him far outside the potential allowable but limited exemption period of 14 days “for good reason” set out in the Immigration Rules. This consequently put him at severe risk of being deported and banned from the UK, his application for GTV having been rejected by the Home Office on this basis.
In the circumstances, piecing together the chain of events and detailed history was essential before any further action could be taken or his case put forward to the Home Office which involved detailed instructions, and a forensic examination of the employment/funding and history of the matter.
Having extracted the evidence, Emma was able to write a compelling and cogent letter in support of a review of his application for the Global Talent visa, using the Immigration rules and caseworker guidance alongside the Dr’s own evidence and documentation evidence. Whilst pulling this together was necessary and speed essential, so too was clarity and ensuring a balanced response.
We are very pleased to report that the client’s application has been successful. Whilst good sense may prevail and one can see the sense in approving the Global Talent visa at a high level, that approval and good sense does not necessarily follow.
In addition, successful application does not always mean that the client’s position becomes regularised, i.e the application may be allowed, but they remain an ‘overstayer’ within the regulations, and experience issues further down the line on any application for further or indefinite leave to remain (FLR/ILR). Relevant experience in this area was essential to understanding that.
The case was successful and the client’s position thankfully regularised. Knowledge of both immigration and employment law was essential to the success of this. The end result is that the client is able to continue his good work in research and Emma is presently speaking to Imperial College London, about referrals, both assisting its future doctors in immigration applications and research scientists in Immigration and visa applications.